Loading chat...

IL SB3106

Bill

Status

Passed

8/5/2016

Primary Sponsor

Julie Morrison

Click for details

Origin

Senate

99th General Assembly

AI Summary

  • Expands hearsay exception in criminal prosecutions involving child victims under 13 and victims with intellectual disabilities, cognitive impairments, or developmental disabilities to include out-of-court statements about physical or sexual acts.

  • Requires court to find that the time, content, and circumstances of the statement provide sufficient safeguards of reliability before admission, and victim must either testify or be unavailable with corroborating evidence.

  • For child victims under 13, out-of-court statements must be made before the victim turns 13 or within 3 months after the offense, whichever is later, but may be admitted regardless of victim's age at trial.

  • Adds definitions for "person with cognitive impairment" (significant impairment of cognition or memory including dementia, amnesia, delirium, or traumatic brain injury), "person with developmental disability" (attributable to intellectual disability, cerebral palsy, epilepsy, autism, or similar conditions), and "person with intellectual disability" (subaverage intellectual functioning with impairment in adaptive behavior).

  • Allows statements obtained through Child Advocacy Center protocols to be admitted without exclusion based on the interview method or interviewer's affiliation with a State's Attorney's office.

Legislative Description

CRIM PRO-INTELLECT DISABILITY

Last Action

Public Act . . . . . . . . . 99-0752

8/5/2016

Committee Referrals

Judiciary - Criminal5/2/2016
Rules4/21/2016
Criminal Law3/8/2016
Assignments2/19/2016

Full Bill Text

No bill text available